HomeMy WebLinkAbout002 09 89LAND USE AND DEVELOPMENT MINUTES
February 9, 1989
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building February
9, 1989
Present: Chairwoman Sue Parrish, Commission Members: Myrna
Cain, Bob Anderson, Jerry Tydeman, Kent Kearns, Richard
Pearson, Council Representative Dwain Kinghorn, Attorney
Tom Holmes, Project Engineer Gerd Dixon, and Secretary
Myrna Crapo.
Meeting called to order by chairwoman Sue Parrish at 7:30
PM.
Chairwoman Sue Parrish asked for a motion to approve the
minutes of the February 2, 1989 as written. Myrna
Cain moved to approve the minutes as written, with
Bob Anderson seconding the motion. All commmission
members voted in favor.
PUBLIC HEARING:
1)
A PROPOSAL BY SVERDRUP CORPORATION, P.O. BOX 369, Bellevue,
Washington for property north of extended West Burnside
for: 1. Change in Land Use District to Commercial (C-2);
2. Conditional Use permit for a proposed postal service
facility 3. Waiver of platting.
Chairwoman Parrish opened the public hearing. There
was no one in attendence to offer testimony. The public
hearing was then closed and opened to discussion by
the land use commission.
The commission then discussed:
1. Extension of Burnside
2. Change of zoning tied into acceptance by post office
3. Development of street, curb, gutter and sidewalk
4. Dedicated right of way for street
5. 60; Dedicated right of way instead of the 50' they
requested
6. Comprehensive plan
Dwain Kinghorn moved to grant the Sverdrup Corporation
a conditional use permit for the use of the ground
in the construction of the postal installation and
that we recommend to the city council that the zoning
be changed from Agricultural to General Commercial
(C-2) to permit this building to be constructed. That
they extend the street and complete the construction
on that street as they asked except that it would be
a 60' instead of 50' complete across the property;
and they develope this according to the city development
ordinance. That they place the necessary water and
sewer lines, curb and sidewalk on their side and the
street be brought to the city recommendation. That
they also develope according to other particulars of
the city of Chubbuck development ordinance. The transfer
of the conditional use permit to facilitate the building
of it to the postal facility. That this be-g~anted ·
only upon the condition that it is used for this purpose
and otherwise it would revert back the same as it was.
LAND USE AND DEVELOPMENT MEETING
February 9, 1989
Page 2
SEVERDRUP CORPORATION REQUEST:
Bob Anderson seconded the motion. Roll Call vote:
Myrna Cain, yes; Jerry Tydeman, yes; Bob Anderson,
yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson,
yes; Dwain Kinghorn, yes.
Jerry Tydeman moved that we recommend to the city council
that we waive the platting requirements for this particular
project. Bob Anderson seconded the motion.
There was then an additional discussion on the motion
by the commission. Jerry Tydeman then added to his
motion: That we require the 60' right of way instead
of the 50' right of way and that they install the street
with curb, gutter and sidewalk on the north side (on
their side) and that the water and sewer line be installed
within the street in compliance with the land development
ordinance. Bob Anderson seconded the addition to the
motion.
Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes;
Bob Anderson, yes; Sue Parrish, yes; Kent Kearns, yes;
Richard Pearson, yes; Dwain Kinghorn, yes.
Dwain Kinghorn expressed to the commission his appreciation
for the work they do.
Bob Anderson moved to adjourn at 8:10 pm with Jerry Tydeman
seconding.
Sue Parrish, Chairwoman
My r~e c~
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on
February 9, 1989, upon the application of Sverdrup Corporation
(hereinafter referred to as "applicant") for a conditional use
permit to build a postal service facility for a change in Land
Use District to C-2 (Commercial) from A (Agricultural) and for a
waiver of platting on the real property lcoated North of extended
West Burnside and the Commission having heard testimony from
interested parties and being fully advised in the matter, now
makes the following:
FINDINGS OF FACT AND WAIVER OF PLATTING
1. Applicant has applied for a conditional use permit as
particularly described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned Agricultural pursuant
to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as C-2 General Commercial in
the duly adopted Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of
this application are set forth in Chubbuck Code § 18.28.040;
17.12.040, 070-090, 110 and 120.
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
See Exhibit "A"
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following
CONCLUSIONS OF LAW
1. The use for which the permit is sought will not be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2. The permit sought will not produce an adverse impact on
A"Z;� the economic values of adjacent properties.
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3. The permit sought will not produce a negative impact on
n transportation facilities, public utilities, schools, public
parks, or the natural environment any greater than had the strict
terms of the Land Use Ordinance been complied with.
4. The noise and traffic conditions generated by the use
for which the permit is sought, when analyzed in conjunction with
the noise and traffic conditions now existing does not indicate
that the permit should be denied.
5. The use for which the permit is sought shall not work an
unreasonable hardship upon surrounding property owners by virtue
of its physical nature or by the impact of changes made in the
landscape of the land.
6. The aesthetic qualities of the proposed use will not
conflict with aesthetic qualities of the surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has been minimized by Applicant as
much as is reasonably possible.
8. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit.
9. The requested conditional use permit, if granted, should
r be maintained subject to the conditions set forth below.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should be
approved.
2. The following conditions, if any, are hereby imposed
upon the granting of said conditional use permit and applicant,
by taking advantage of said conditional use permit agrees to the
imposition of the same: none.
3. The Conditional Use Permit shall be assignable to the
ultimate user and owner of the post office facility.
4. The Commission recommends the property be rezoned from
Agricultural (A) to General Commercial (C-2).
5. All of the foregoing is contingent upon this site being
selected for the post office facility and, if not, then this
decision shall be null and void.
6. The Commission recommends that waiver of platting be
granted. The Commission finds the development does not create a
street nor constitute a subdivision. The Commission recommends
that the waiver of platting be granted subject to the following:
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A. A 60' right of way be installed along extended West
Burnside and that street with curb, gutter, sidewalk be installed
on the north side of that extended West Burnside.
B. That water and sewer line be installed within the
street in compliance with the Land Development Ordinance.
7. The Conditional Use Permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this b day of , 1989.
D USE AND DEVELOPMENT COMMISSION
By:
AIRMAN
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